A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 201, the Defendant made a false statement to the victim E, “The victim E is awarded a contract for the construction of a villa to Incheon-si F. It borrowed KRW 30 million from the owner of the building after the month, and he is paid an intermediate payment from the owner of the building.”

However, in the absence of any specific funds at the time, the Defendant, while simultaneously carrying out apartment construction works worth KRW 860,00,000 from Suwon G, in addition to the construction of a villa in the above-mentioned reinforced military branch, has received most of the apartment house construction cost from Suwon G with three apartment bonds, and the construction cost is insufficient without any limit. As such, the Defendant used most of the down payment and the first advance payment of the above strengthened military villa construction work at the site of Suwon G apartment construction, and had no intention or ability to repay the payment even if he/she borrowed money from the victim, as it continued to raise funds to be paid at the site of Suwon apartment construction, such as civil engineering, design, frame, steel, steel bars, equipment for ready-mixed, personnel expenses, etc. at the site of the above strengthened military branch, and it was difficult for the Defendant to raise funds to be paid at KRW 48,00,000,0000,000 to the site of Suwon apartment construction.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim to the Defendant’s account on October 25, 201.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including E statements);

1. Application of Acts and subordinate statutes on police statements made to H;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Determination of the defendant's assertion of Article 62 (1) of the Criminal Act and reasons for sentencing

1. Judgment on the defendant's assertion

A. After the Defendant’s assertion borrowed 30 million won from the victim, the Defendant immediately borrowed the instant villa work.